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1/10/2010
Shapiro, Lewis & Appleton
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Rail Gates Must Be Respected, California (CA) Accident Shows

My focus on railroad injury law requires me to spend time each time day scanning the Web for news stories regarding injuries involving rail workers, train passengers and collisions between trains and cars, trucks or pedestrians. Too often, I come across stories like the one about Orange County, California (CA), brothers who became critically injured after they drove around rail crossing gates and got hit by a Burlington Northern Santa Fe freight train.

This description of the accident from the Los Angeles Daily News bears quoting as an introduction to the following video: "A 3,700-ton Burlington Northern Santa Fe Railway train was eastbound at about 45-50 mph when it slammed into the black BMW headed south across the tracks at the rail crossing."




My colleagues and I have written repeatedly about the necessity for rail operators to install, maintain and consistently use gates, warning lights, stop signs, crosshbucks and other safety devices to alert motorists and pedestrians to the actual or possible approach of a train. BNSF appears to have taken all of these precautions in this case, and still the brothers drove into the path of the train.

Drivers and pedestrians must heed warnings about approaching trains -- both under the law and as a matter of self-preservation. With Amtrak, Norfolk Southern, CSX and, soon, Tide train tracks crisscrossing all the cities of Hampton Roads, rail crossing safety is an ever-present and ever-growing concern. When people drive or step in front of trains, the result can only be serious injury or death.

EJL


Category: Railroad Injury/FELA



About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join
Primerus, a select group of highly ethical and respected law firms
. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Best Injury Law Firm in VirginiaVirginia Super Lawyers





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